Amendment to the International Traffic in Arms Regulations: Revision of U.S. Munitions List Category IX, 35317-35321 [2012-14443]
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Federal Register / Vol. 77, No. 114 / Wednesday, June 13, 2012 / Proposed Rules
STA: Paragraph (c)(2) of License Exception
STA (§ 740.20(c)(2))of the EAR may not be
used for any ‘‘software’’ in 0D614.
List of Items Controlled
Unit: $ value
Related Controls: ‘‘Software’’ directly related
to articles enumerated in USML Category
IX is subject to the control of USML
paragraph IX(e). See ECCN 0A919 for
foreign made ‘‘military commodities’’ that
incorporate more than 10% U.S.-origin
‘‘600 series’’ items.
Related Definitions: N/A
Items:
a. ‘‘Software’’ (other than ‘‘software’’
controlled in paragraph .y of this entry)
‘‘specially designed’’ for the ‘‘development,’’
‘‘production,’’ operation or maintenance of
commodities controlled by ECCNs 0A614
(except 0A614.y) or 0B614 (except 0B614.y).
b. to x. [RESERVED]
y. Specific ‘‘software’’ ‘‘specially designed’’
for the ‘‘production,’’ ‘‘development,’’ or
operation or maintenance of commodities
controlled by ECCNs 0A614 or 0B614, as
follows:
y.1. Specific ‘‘software’’ ‘‘specially
designed’’ for the ‘‘production,’’
‘‘development,’’ operation or maintenance of
commodities controlled by ECCNs 0A614.y
or 0B614.y.
y.2 through y.98 [RESERVED]
y.99. ‘‘Software’’ that would otherwise be
controlled elsewhere in this entry but that (i)
has been determined to be subject to the EAR
in a commodity jurisdiction determination
issued by the U.S. Department of State and
(ii) is not otherwise identified elsewhere on
the CCL.
7. In Supplement No. 1 to Part 774,
the Commerce Control List, add,
between the entries for Export Control
Classification Numbers 0E018 and
0E918, a new entry for Export Control
Classification Number 0E614 to read as
follows:
Related Controls: ‘‘Technical data’’ directly
related to articles enumerated in USML
Category IX is subject to the control of
USML paragraph IX(e).
Related Definitions: N/A
Items:
a. ‘‘Technology’’ (other than ‘‘technology’’
controlled by paragraph .y of this entry)
‘‘required’’ for the ‘‘development,’’
‘‘production,’’ operation, installation,
maintenance, repair overhaul, or refurbishing
of commodities or ‘‘software’’ controlled by
ECCNs 0A614 (except 0A614.y), 0B614
(except 0B614.y), or 0D614 (except 0D614.y).
b. through x. [RESERVED]
y. Specific ‘‘technology’’ ‘‘required’’ for the
‘‘production,’’ ‘‘development,’’ operation,
installation, maintenance, repair, or overhaul
of commodities controlled by ECCNs
0A614.y or 0B614.y, or ‘‘software’’ controlled
by ECCN 0D614.y, as follows:
y.1. Specific ‘‘technology’’ ‘‘required’’ for
the ‘‘production,’’ ‘‘development,’’ operation,
installation, maintenance, repair or overhaul
of commodities controlled by ECCNs
0A614.y or 0B614.y or ‘‘software’’ controlled
by ECCN 0D614.y.
y.2. through y.98 [RESERVED]
y.99. ‘‘Technology’’ that would otherwise
be controlled elsewhere in this entry but that
(i) has been determined to be subject to the
EAR in a commodity jurisdiction
determination issued by the U.S. Department
of State and (ii) is not otherwise identified
elsewhere on the CCL.
Dated: June 6, 2012.
Kevin J. Wolf,
Assistant Secretary of Commerce for Export
Administration.
[FR Doc. 2012–14444 Filed 6–12–12; 8:45 am]
BILLING CODE 3510–33–P
provide for the safe use of folic acid in
corn masa flour.
FOR FURTHER INFORMATION CONTACT:
Judith Kidwell, Center for Food Safety
and Applied Nutrition (HFS–265), Food
and Drug Administration, 5100 Paint
Branch Pkwy., College Park, MD 20740–
3835, 240–402–1071.
SUPPLEMENTARY INFORMATION: Under the
Federal Food, Drug, and Cosmetic Act
(sec. 409(b)(5) (21 U.S.C. 348(b)(5))),
notice is given that a food additive
petition (FAP 2A4796) has been jointly
filed by Gruma Corporation, Spina
Bifida Association, March of Dimes
Foundation, American Academy of
Pediatrics, Royal DSM N.V., and
National Council of La Raza, c/o Alston
& Bird, LLP, 950 F Street NW.,
Washington, DC 20004–1404. The
petition proposes to amend the food
additive regulations in § 172.345 Folic
acid (folacin) (21 CFR 172.345) to
provide for the safe use of folic acid in
corn masa flour.
The Agency has determined under 21
CFR 25.32(k) that this action is of a type
that does not individually or
cumulatively have a significant effect on
the human environment. Therefore,
neither an environmental assessment
nor an environmental impact statement
is required.
Dated: June 7, 2012.
Dennis M. Keefe,
Acting Director, Office of Food Additive
Safety, Center for Food Safety and Applied
Nutrition.
[FR Doc. 2012–14263 Filed 6–12–12; 8:45 am]
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
BILLING CODE 4160–01–P
0E614 ‘‘Technology,’’ as follows (See list of
items controlled).
Food and Drug Administration
DEPARTMENT OF STATE
License Requirements
Reason for Control: NS, RS, AT
21 CFR Part 172
22 CFR Part 121
Control(s)
Country chart
RS applies to entire
entry except
0E614.y.
Gruma Corporation, Spina Bifida
Association, March of Dimes
Foundation, American Academy of
Pediatrics, Royal DSM N.V., and
National Council of La Raza; Filing of
Food Additive Petition
NS Column 1
RS Column 1
AT applies to entire
entry.
AGENCY:
AT Column 1
List of Items Controlled
Unit: $ value
13:47 Jun 12, 2012
Jkt 226001
Food and Drug Administration,
ACTION:
Notice of petition.
The Food and Drug
Administration (FDA) is announcing
that Gruma Corporation, Spina Bifida
Association, March of Dimes
Foundation, American Academy of
Pediatrics, Royal DSM N.V., and
National Council of La Raza have jointly
filed a petition proposing that the food
additive regulations be amended to
SUMMARY:
PO 00000
[Public Notice 7920]
Amendment to the International Traffic
in Arms Regulations: Revision of U.S.
Munitions List Category IX
Department of State.
Proposed rule.
AGENCY:
ACTION:
As part of the President’s
Export Control Reform effort, the
Department of State proposes to amend
the International Traffic in Arms
Regulations (ITAR) to revise Category IX
(military training equipment) of the U.S.
Munitions List (USML) to describe more
precisely the materials warranting
control on the USML. The revisions to
this rule are part of the Department of
State’s retrospective plan under E.O.
13563 completed on August 17, 2011.
SUMMARY:
HHS.
License Exceptions
CIV: N/A
TSR: N/A
STA: Paragraph (c)(2) of License Exception
STA (§ 740.20(c)(2)) of the EAR may not be
used for any technology in 0E614.
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RIN 1400–AD15
[Docket No. FDA–2012–F–0480]
NS applies to entire
entry except
0E614.y.
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Federal Register / Vol. 77, No. 114 / Wednesday, June 13, 2012 / Proposed Rules
The Department of State’s full plan can
be accessed at https://www.state.gov/
documents/organization/181028.pdf.
DATES: The Department of State will
accept comments on this proposed rule
until July 30, 2012.
ADDRESSES: Interested parties may
submit comments within 45 days of the
date of publication by one of the
following methods:
• Email: DDTCResponseTeam
@state.gov with the subject line, ‘‘ITAR
Amendment—Category IX.’’
• Internet: At www.regulations.gov,
search for this notice by using this rule’s
RIN (1400–AD15).
Comments received after that date
will be considered if feasible, but
consideration cannot be assured. Those
submitting comments should not
include any personally identifying
information they do not desire to be
made public or information for which a
claim of confidentiality is asserted
because those comments and/or
transmittal emails will be made
available for public inspection and
copying after the close of the comment
period via the Directorate of Defense
Trade Controls Web site at
www.pmddtc.state.gov. Parties who
wish to comment anonymously may do
so by submitting their comments via
www.regulations.gov, leaving the fields
that would identify the commenter
blank and including no identifying
information in the comment itself.
Comments submitted via
www.regulations.gov are immediately
available for public inspection.
FOR FURTHER INFORMATION CONTACT: Ms.
Candace M. J. Goforth, Director, Office
of Defense Trade Controls Policy,
Department of State, telephone (202)
663–2792; email
DDTCResponseTeam@state.gov. ATTN:
Regulatory Change, USML Category IX.
SUPPLEMENTARY INFORMATION: The
Directorate of Defense Trade Controls
(DDTC), U.S. Department of State,
administers the International Traffic in
Arms Regulations (ITAR) (22 CFR parts
120–130). The items subject to the
jurisdiction of the ITAR, i.e., ‘‘defense
articles,’’ are identified on the ITAR’s
U.S. Munitions List (USML) (22 CFR
121.1). With few exceptions, items not
subject to the export control jurisdiction
of the ITAR are subject to the
jurisdiction of the Export
Administration Regulations (‘‘EAR,’’ 15
CFR parts 730–774, which includes the
Commerce Control List (CCL) in
Supplement No. 1 to Part 774),
administered by the Bureau of Industry
and Security (BIS), U.S. Department of
Commerce. Both the ITAR and the EAR
impose license requirements on exports
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and reexports. Items not subject to the
ITAR or to the exclusive licensing
jurisdiction of any other set of
regulations are subject to the EAR.
Export Control Reform Update
The Departments of State and
Commerce described in their respective
Advanced Notices of Proposed
Rulemaking (ANPRM) in December
2010 the Administration’s plan to make
the USML and the CCL positive, tiered,
and aligned so that eventually they can
be combined into a single control list
(see ‘‘Commerce Control List: Revising
Descriptions of Items and Foreign
Availability,’’ 75 FR 76664 (December 9,
2010) and ‘‘Revisions to the United
States Munitions List,’’ 75 FR 76935
(December 10, 2010)). The notices also
called for the establishment of a ‘‘bright
line’’ between the USML and the CCL to
reduce government and industry
uncertainty regarding export
jurisdiction by clarifying whether
particular items are subject to the
jurisdiction of the ITAR or the EAR.
While these remain the
Administration’s ultimate Export
Control Reform objectives, their
concurrent implementation would be
problematic in the near term. In order to
more quickly reach the national security
objectives of greater interoperability
with U.S. allies, enhancing the defense
industrial base, and permitting the U.S.
Government to focus its resources on
controlling and monitoring the export
and reexport of more significant items to
destinations, end-uses, and end-users of
greater concern than NATO allies and
other multi-regime partners, the
Administration has decided, as an
interim step, to propose and implement
revisions to both the USML and the CCL
that are more positive, but not yet
tiered.
Specifically, based in part on a review
of the comments received in response to
the December 2010 notices, the
Administration has determined that
fundamentally altering the structure of
the USML by tiering and aligning it on
a category-by-category basis would
significantly disrupt the export control
compliance systems and procedures of
exporters and reexporters. For example,
until the entire USML was revised and
became final, some USML categories
would follow the legacy numbering and
control structures while the newly
revised categories would follow a
completely different numbering
structure. In order to allow for the
national security benefits to flow from
re-aligning the jurisdictional status of
defense articles that no longer warrant
control on the USML on a category-bycategory basis while minimizing the
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impact on exporters’ internal control
and jurisdictional and classification
marking systems, the Administration
plans to proceed with building positive
lists now and afterward return to
structural changes.
Revision of Category IX
This proposed rule would revise
USML Category IX, covering military
training equipment, to further the
national security objectives set forth
above and to more accurately describe
the articles within the category in order
to establish a ‘‘bright line’’ between the
USML and the CCL for the control of
these articles.
The title of the category is changed to
indicate that it covers training
equipment only. Training on a defense
article would be a defense service
covered under the category in which the
defense article is enumerated.
Paragraph (a) is to list all the types of
training equipment covered in the
category.
Paragraph (b) is also revised to more
specifically describe the items
(simulators) controlled therein. Radar
target generators are to be controlled in
Category XI(a). Infrared scene generators
are to be controlled in Category XII(c).
Tooling and production equipment,
currently controlled in paragraph (c),
are to be covered on the CCL in
proposed ECCN 0B614.
The most significant aspect of this
more positive, but not yet tiered,
proposed USML category is that it does
not contain controls on all generic parts,
components, accessories, and
attachments (currently captured in
paragraph (d)) that are in any way
specifically designed or modified for a
defense article, regardless of their
significance to maintaining a military
advantage for the United States. These
items are to be subject to the new 600
series controls in Category 0 of the CCL,
to be published separately by the
Department of Commerce. Parts,
components, accessories, or attachments
of a simulator that are common to the
simulated system or end-item are to be
controlled under the same USML
Category or CCL ECCN as the parts,
components, accessories, and
attachments of the simulated system or
end-item.
Definition for Specially Designed
Although one of the goals of the
export control reform initiative is to
describe USML controls without using
design intent criteria, a few of the
controls in the proposed revision
nonetheless use the term ‘‘specially
designed.’’ It is, therefore, necessary for
the Department to define the term. Two
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proposed definitions have been
published to date.
The Department first provided a draft
definition for ‘‘specially designed’’ in
the December 2010 ANPRM (75 FR
76935) and noted the term would be
used minimally in the USML, and then
only to remain consistent with the
Wassenaar Arrangement or other
multilateral regime obligation or when
no other reasonable option exists to
describe the control without using the
term. The draft definition provided at
that time is as follows: ‘‘For the
purposes of this Subchapter, the term
‘specially designed’ means that the enditem, equipment, accessory, attachment,
system, component, or part (see ITAR
§ 121.8) has properties that (i)
distinguish it for certain predetermined
purposes, (ii) are directly related to the
functioning of a defense article, and (iii)
are used exclusively or predominantly
in or with a defense article identified on
the USML.’’
The Department of Commerce
subsequently published on July 15,
2011, for public comment, the
Administration’s proposed definition of
‘‘specially designed’’ that would be
common to the CCL and the USML. The
public provided more than 40
comments on that proposed definition
on or before the September 13 deadline
for comments. The Departments of
State, Commerce, and Defense are now
reviewing those comments and related
issues, and the Departments of State and
Commerce plan to publish for public
comment another proposed rule on a
definition of ‘‘specially designed’’ that
would be common to the USML and the
CCL. In the interim, and for the purpose
of evaluation of this proposed rule,
reviewers should use the definition
provided in the December ANPRM.
Request for Comments
As the U.S. Government works
through the proposed revisions to the
USML, some solutions have been
adopted that were determined to be the
best of available options. With the
thought that multiple perspectives
would be beneficial to the USML
revision process, the Department
welcomes the assistance of users of the
lists and requests input on the
following:
(1) A key goal of this rulemaking is to
ensure the USML and the CCL together
control all the items that meet
Wassenaar Arrangement commitments
embodied in Munitions List Category 14
(WA–ML14). To that end, the public is
asked to identify any potential lack of
coverage brought about by the proposed
rules for Category IX contained in this
notice and the new Category 0 ECCNs
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published separately by the Department
of Commerce when reviewed together.
(2) The key goal of this rulemaking is
to establish a ‘‘bright line’’ between the
USML and the CCL for the control of
these articles. The public is asked to
provide specific examples of articles
whose jurisdiction would be in doubt
based on this revision.
Regulatory Analysis and Notices
Administrative Procedure Act
The Department of State is of the
opinion that controlling the import and
export of defense articles and services is
a foreign affairs function of the United
States Government and that rules
implementing this function are exempt
from § 553 (Rulemaking) and § 554
(Adjudications) of the Administrative
Procedure Act (APA). Although the
Department is of the opinion that this
rule is exempt from the rulemaking
provisions of the APA, the Department
is publishing this rule with a 45-day
provision for public comment and
without prejudice to its determination
that controlling the import and export of
defense services is a foreign affairs
function. As noted above, and also
without prejudice to the Department
position that this rulemaking is not
subject to the APA, the Department
previously published a related Advance
Notice of Proposed Rulemaking (RIN
1400–AC78), and accepted comments
for 60 days.
Regulatory Flexibility Act
Since the Department is of the
opinion that this rule is exempt from the
rulemaking provisions of 5 U.S.C. 553,
it does not require analysis under the
Regulatory Flexibility Act.
Unfunded Mandates Reform Act of 1995
This proposed amendment does not
involve a mandate that will result in the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
in any year and it will not significantly
or uniquely affect small governments.
Therefore, no actions were deemed
necessary under the provisions of the
Unfunded Mandates Reform Act of
1995.
Small Business Regulatory Enforcement
Fairness Act of 1996
This proposed amendment has been
found not to be a major rule within the
meaning of the Small Business
Regulatory Enforcement Fairness Act of
1996.
Executive Orders 12372 and 13132
This proposed amendment will not
have substantial direct effects on the
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35319
States, on the relationship between the
national government and the States, or
on the distribution of power and
responsibilities among the various
levels of government. Therefore, in
accordance with Executive Order 13132,
it is determined that this proposed
amendment does not have sufficient
federalism implications to require
consultations or warrant the preparation
of a federalism summary impact
statement. The regulations
implementing Executive Order 12372
regarding intergovernmental
consultation on Federal programs and
activities do not apply to this proposed
amendment.
Executive Orders 12866 and 13563
Executive Orders 13563 and 12866
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributed impacts, and equity).
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This rule has been
designated a ‘‘significant regulatory
action,’’ although not economically
significant, under section 3(f) of
Executive Order 12866. Accordingly,
the rule has been reviewed by the Office
of Management and Budget (OMB).
Executive Order 12988
The Department of State has reviewed
the proposed amendment in light of
sections 3(a) and 3(b)(2) of Executive
Order 12988 to eliminate ambiguity,
minimize litigation, establish clear legal
standards, and reduce burden.
Executive Order 13175
The Department of State has
determined that this rulemaking will
not have tribal implications, will not
impose substantial direct compliance
costs on Indian tribal governments, and
will not preempt tribal law.
Accordingly, Executive Order 13175
does not apply to this rulemaking.
Paperwork Reduction Act
Notwithstanding any other provision
of law, no person is required to respond
to, nor is subject to a penalty for failure
to comply with, a collection of
information, subject to the requirements
of the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.) (PRA), unless
that collection of information displays a
currently valid OMB control number.
This proposed rule would affect the
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following approved collections: (1)
Statement of Registration, DS–2032,
OMB No. 1405–0002; (2) Application/
License for Permanent Export of
Unclassified Defense Articles and
Related Unclassified Technical Data,
DSP–5, OMB No. 1405–0003; (3)
Application/License for Temporary
Import of Unclassified Defense Articles,
DSP–61, OMB No. 1405–0013; (4)
Nontransfer and Use Certificate, DSP–
83, OMB No. 1405–0021; (5)
Application/License for Permanent/
Temporary Export or Temporary Import
of Classified Defense Articles and
Classified Technical Data, DSP–85,
OMB No. 1405–0022; (6) Application/
License for Temporary Export of
Unclassified Defense Articles, DSP–73,
OMB No. 1405–0023; (7) Statement of
Political Contributions, Fees, or
Commissions in Connection with the
Sale of Defense Articles or Services,
OMB No. 1405–0025; (8) Authority to
Export Defense Articles and Services
Sold Under the Foreign Military Sales
(FMS) Program, DSP–94, OMB No.
1405–0051; (9) Application for
Amendment to License for Export or
Import of Classified or Unclassified
Defense Articles and Related Technical
Data, DSP–6, –62, –74, –119, OMB No.
1405–0092; (10) Request for Approval of
Manufacturing License Agreements,
Technical Assistance Agreements, and
Other Agreements, DSP–5, OMB No.
1405–0093; (11) Maintenance of Records
by Registrants, OMB No. 1405–0111;
(12) Annual Brokering Report, DS–4142,
OMB No. 1405–0141; (13) Brokering
Prior Approval (License), DS–4143,
OMB No. 1405–0142; (14) Projected Sale
of Major Weapons in Support of Section
25(a)(1) of the Arms Export Control Act,
DS–4048, OMB No. 1405–0156; (15)
Export Declaration of Defense Technical
Data or Services, DS–4071, OMB No.
1405–0157; (16) Request for Commodity
Jurisdiction Determination, DS–4076,
OMB No. 1405–0163; (17) Request to
Change End-User, End-Use, and/or
Destination of Hardware, DS–6004,
OMB No. 1405–0173; (18) Request for
Advisory Opinion, DS–6001, OMB No.
1405–0174; (19) Voluntary Disclosure,
OMB No. 1405–0179; and (20)
Technology Security/Clearance Plans,
Screening Records, and Non-Disclosure
Agreements Pursuant to 22 CFR 126.18,
OMB No. 1405–0195. The Department
of State believes there will be minimal
changes to these collections. The
Department of State believes the
combined effect of all rules to be
published moving commodities from
the USML to the EAR as part of the
Administration’s Export Control Reform
would decrease the number of license
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applications by approximately 30,000
annually. The Department of State is
looking for comments on the potential
reduction in burden.
List of Subjects in Part 121
Arms and munitions, Exports.
Accordingly, for the reasons set forth
above, Title 22, Chapter I, Subchapter
M, part 121 is proposed to be amended
as follows:
PART 121—THE UNITED STATES
MUNITIONS LIST
1. The authority citation for part 121
continues to read as follows:
Authority: Secs. 2, 38, and 71, Pub. L. 90–
629, 90 Stat. 744 (22 U.S.C. 2752, 2778,
2797); E.O. 11958, 42 FR 4311; 3 CFR, 1977
Comp. p. 79; 22 U.S.C. 2651a; Pub. L. 105–
261, 112 Stat. 1920.
2. Section 121.1 is amended by
revising U.S. Munitions List Category IX
to read as follows:
§ 121.1 General. The United States
Munitions List.
*
*
*
*
*
Category IX—Military Training
Equipment
(a) Training equipment, as follows:
(1) Ground, surface, submersible,
space, or towed airborne targets that:
(i) Have an infrared, radar, acoustic,
magnetic, or thermal signature that
mimic a specific defense article, other
item, or person; or
(ii) Are instrumented to provide hit/
miss performance information;
Note to paragraph (a)(1): Target drones are
controlled in Category VIII(a).
(2) Devices that are mockups of
articles enumerated in this subchapter
used for maintenance training or
disposal training for ordnance
enumerated in this subchapter;
(3) Air combat maneuvering
instrumentation and ground stations
therefor;
(4) Physiological flight trainers for
fighter aircraft or attack helicopters;
(5) Radar trainers ‘‘specially
designed’’ for training on radars
controlled by Category XI;
(6) Training devices ‘‘specially
designed’’ to be attached to a crew
station, mission system, or weapon of an
article controlled in this subchapter;
Note to paragraph (a)(6): This paragraph
includes stimulators that are built-in or addon devices that cause the actual equipment
to act as a trainer.
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(7) Anti-submarine warfare trainers;
(8) Missile launch trainers;
(9) Any training device that:
(i) Is classified;
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(ii) Contains classified software;
(iii) Is manufactured using classified
production data; or
(iv) Is being developed using
classified information.
‘‘Classified’’ means classified
pursuant to Executive Order 13526, or
predecessor order, and a security
classification guide developed pursuant
thereto or equivalent, or to the
corresponding classification rules of
another government.
Note to paragraph (a): Training equipment
does not include combat games without item
signatures or tactics, techniques, and
procedures covered by this subchapter.
(b) Simulators, as follows:
(1) System specific simulators that
replicate the operation of an individual
crew station, a mission system, or a
weapon of an end-item that is controlled
in this subchapter;
(2) [Reserved]
(3) [Reserved]
(4) Software and associated databases
not elsewhere enumerated in this
subchapter that can be used to simulate
the following:
(i) Trainers specified by this category;
(ii) Battle management;
(iii) Military test scenarios/models; or
(iv) Effects of weapons enumerated in
this subchapter;
(5) Simulators that:
(i) Are classified;
(ii) Contain classified software;
(iii) Are manufactured using classified
production data; or
(iv) Are being developed using
classified information.
‘‘Classified’’ means classified
pursuant to Executive Order 13526, or
predecessor order, and a security
classification guide developed pursuant
thereto or equivalent, or to the
corresponding classification rules of
another government.
(c) [Reserved]
(d) [Reserved]
(e) Technical data (as defined in
§ 120.10 of this subchapter) and defense
services (as defined in § 120.9 of this
subchapter) directly related to the
defense articles enumerated in
paragraphs (a) through (b) of this
category.
(f) [Reserved]
Note: Parts, components, accessories, or
attachments of a simulator that are common
to the simulated system or end-item are
controlled under the same USML Category or
CCL ECCN as the parts, components,
accessories, and attachments of the simulated
system or end-item.
*
E:\FR\FM\13JNP1.SGM
*
*
13JNP1
*
*
Federal Register / Vol. 77, No. 114 / Wednesday, June 13, 2012 / Proposed Rules
Dated. June 7, 2012.
Rose E. Gottemoeller,
Acting Under Secretary, Arms Control and
International Security, Department of State.
[FR Doc. 2012–14443 Filed 6–12–12; 8:45 am]
BILLING CODE 4710–25–P
DEPARTMENT OF HOMELAND
SECURITY
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Coast Guard
33 CFR Part 100
[Docket Number USCG–2012–0482]
RIN 1625–AA08
Special Local Regulations for Marine
Events, Wrightsville Channel;
Wrightsville Beach, NC
ACTION:
Notice of Proposed Rulemaking.
The Coast Guard proposes a
Special Local Regulation for the ‘‘Swim
Harbor Island’’ swim event, to be held
on the waters adjacent to and
surrounding Harbor Island in
Wrightsville Beach, North Carolina.
This Special Local Regulation is
necessary to provide for the safety of life
on navigable waters during the event.
This action is intended to restrict vessel
traffic on the Atlantic Intracoastal
Waterway within 550 yards north and
south of the U.S. 74/76 Bascule Bridge
crossing the Atlantic Intracoastal
Waterway, mile 283.1, at Wrightsville
Beach, North Carolina, during the swim
event.
DATES: Comments and related material
must be received by the Coast Guard on
or before July 13, 2012.
ADDRESSES: You may submit comments
identified by docket number using any
one of the following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail or Delivery: Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590–0001. Deliveries
accepted between 9 a.m. and 5 p.m.,
Monday through Friday, except federal
holidays. The telephone number is 202–
366–9329.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for further instructions on
submitting comments. To avoid
duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
erowe on DSK2VPTVN1PROD with PROPOSALS-1
SUMMARY:
VerDate Mar<15>2010
13:47 Jun 12, 2012
email BOSN3 Joseph M. Edge, Coast
Guard Sector North Carolina, Coast
Guard; telephone 252–247–4525, email
Joseph.M.Edge@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
Jkt 226001
A. Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
1. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking, indicate the specific section
of this document to which each
comment applies, and provide a reason
for each suggestion or recommendation.
You may submit your comments and
material online at https://
www.regulations.gov, or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online, it will be considered
received by the Coast Guard when you
successfully transmit the comment. If
you fax, hand deliver, or mail your
comment, it will be considered as
having been received by the Coast
Guard when it is received at the Docket
Management Facility. We recommend
that you include your name and a
mailing address, an email address, or a
telephone number in the body of your
document so that we can contact you if
we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, type the
docket number (USCG–2012–0482) in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on ‘‘Submit a
Comment’’ on the line associated with
this rulemaking.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
PO 00000
Frm 00023
Fmt 4702
Sfmt 4702
35321
during the comment period and may
change the rule based on your
comments.
2. Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, type the
docket number (USCG–2012–0482) in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
3. Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one, using one of the methods
specified under ADDRESSES. Please
explain why you believe a public
meeting would be beneficial. If we
determine that one would aid this
rulemaking, we will hold one at a time
and place announced by a later notice
in the Federal Register.
B. Basis and Purpose
On September 29, 2012 from 7 a.m. to
11 a.m., Without Limits Coaching will
sponsor ‘‘Swim Harbor Island’’ on the
waters adjacent to and surrounding
Harbor Island in Wrightsville Beach,
North Carolina. The swim event will
consist of up to 200 swimmers
swimming a 3.5 mile course around
Harbor Island in Wrightsville Beach,
North Carolina. To provide for the safety
of participants, spectators and other
transiting vessels, the Coast Guard will
temporarily restrict vessel traffic in the
event area during this event.
C. Discussion of Proposed Rule
The Coast Guard is proposing
establishing a safety zone on the
navigable waters of the Atlantic
Intracoastal Waterway 550 yards north
and south of the U.S. 74/76 Bascule
Bridge, mile 283.1, latitude 34°13′06″
E:\FR\FM\13JNP1.SGM
13JNP1
]]>Agencies
[Federal Register Volume 77, Number 114 (Wednesday, June 13, 2012)]
[Proposed Rules]
[Pages 35317-35321]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-14443]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
22 CFR Part 121
RIN 1400-AD15
[Public Notice 7920]
Amendment to the International Traffic in Arms Regulations:
Revision of U.S. Munitions List Category IX
AGENCY: Department of State.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: As part of the President's Export Control Reform effort, the
Department of State proposes to amend the International Traffic in Arms
Regulations (ITAR) to revise Category IX (military training equipment)
of the U.S. Munitions List (USML) to describe more precisely the
materials warranting control on the USML. The revisions to this rule
are part of the Department of State's retrospective plan under E.O.
13563 completed on August 17, 2011.
[[Page 35318]]
The Department of State's full plan can be accessed at https://www.state.gov/documents/organization/181028.pdf.
DATES: The Department of State will accept comments on this proposed
rule until July 30, 2012.
ADDRESSES: Interested parties may submit comments within 45 days of the
date of publication by one of the following methods:
Email: DDTCResponseTeam@state.gov with the subject line,
``ITAR Amendment--Category IX.''
Internet: At www.regulations.gov, search for this notice
by using this rule's RIN (1400-AD15).
Comments received after that date will be considered if feasible,
but consideration cannot be assured. Those submitting comments should
not include any personally identifying information they do not desire
to be made public or information for which a claim of confidentiality
is asserted because those comments and/or transmittal emails will be
made available for public inspection and copying after the close of the
comment period via the Directorate of Defense Trade Controls Web site
at www.pmddtc.state.gov. Parties who wish to comment anonymously may do
so by submitting their comments via www.regulations.gov, leaving the
fields that would identify the commenter blank and including no
identifying information in the comment itself. Comments submitted via
www.regulations.gov are immediately available for public inspection.
FOR FURTHER INFORMATION CONTACT: Ms. Candace M. J. Goforth, Director,
Office of Defense Trade Controls Policy, Department of State, telephone
(202) 663-2792; email DDTCResponseTeam@state.gov. ATTN: Regulatory
Change, USML Category IX.
SUPPLEMENTARY INFORMATION: The Directorate of Defense Trade Controls
(DDTC), U.S. Department of State, administers the International Traffic
in Arms Regulations (ITAR) (22 CFR parts 120-130). The items subject to
the jurisdiction of the ITAR, i.e., ``defense articles,'' are
identified on the ITAR's U.S. Munitions List (USML) (22 CFR 121.1).
With few exceptions, items not subject to the export control
jurisdiction of the ITAR are subject to the jurisdiction of the Export
Administration Regulations (``EAR,'' 15 CFR parts 730-774, which
includes the Commerce Control List (CCL) in Supplement No. 1 to Part
774), administered by the Bureau of Industry and Security (BIS), U.S.
Department of Commerce. Both the ITAR and the EAR impose license
requirements on exports and reexports. Items not subject to the ITAR or
to the exclusive licensing jurisdiction of any other set of regulations
are subject to the EAR.
Export Control Reform Update
The Departments of State and Commerce described in their respective
Advanced Notices of Proposed Rulemaking (ANPRM) in December 2010 the
Administration's plan to make the USML and the CCL positive, tiered,
and aligned so that eventually they can be combined into a single
control list (see ``Commerce Control List: Revising Descriptions of
Items and Foreign Availability,'' 75 FR 76664 (December 9, 2010) and
``Revisions to the United States Munitions List,'' 75 FR 76935
(December 10, 2010)). The notices also called for the establishment of
a ``bright line'' between the USML and the CCL to reduce government and
industry uncertainty regarding export jurisdiction by clarifying
whether particular items are subject to the jurisdiction of the ITAR or
the EAR. While these remain the Administration's ultimate Export
Control Reform objectives, their concurrent implementation would be
problematic in the near term. In order to more quickly reach the
national security objectives of greater interoperability with U.S.
allies, enhancing the defense industrial base, and permitting the U.S.
Government to focus its resources on controlling and monitoring the
export and reexport of more significant items to destinations, end-
uses, and end-users of greater concern than NATO allies and other
multi-regime partners, the Administration has decided, as an interim
step, to propose and implement revisions to both the USML and the CCL
that are more positive, but not yet tiered.
Specifically, based in part on a review of the comments received in
response to the December 2010 notices, the Administration has
determined that fundamentally altering the structure of the USML by
tiering and aligning it on a category-by-category basis would
significantly disrupt the export control compliance systems and
procedures of exporters and reexporters. For example, until the entire
USML was revised and became final, some USML categories would follow
the legacy numbering and control structures while the newly revised
categories would follow a completely different numbering structure. In
order to allow for the national security benefits to flow from re-
aligning the jurisdictional status of defense articles that no longer
warrant control on the USML on a category-by-category basis while
minimizing the impact on exporters' internal control and jurisdictional
and classification marking systems, the Administration plans to proceed
with building positive lists now and afterward return to structural
changes.
Revision of Category IX
This proposed rule would revise USML Category IX, covering military
training equipment, to further the national security objectives set
forth above and to more accurately describe the articles within the
category in order to establish a ``bright line'' between the USML and
the CCL for the control of these articles.
The title of the category is changed to indicate that it covers
training equipment only. Training on a defense article would be a
defense service covered under the category in which the defense article
is enumerated.
Paragraph (a) is to list all the types of training equipment
covered in the category.
Paragraph (b) is also revised to more specifically describe the
items (simulators) controlled therein. Radar target generators are to
be controlled in Category XI(a). Infrared scene generators are to be
controlled in Category XII(c).
Tooling and production equipment, currently controlled in paragraph
(c), are to be covered on the CCL in proposed ECCN 0B614.
The most significant aspect of this more positive, but not yet
tiered, proposed USML category is that it does not contain controls on
all generic parts, components, accessories, and attachments (currently
captured in paragraph (d)) that are in any way specifically designed or
modified for a defense article, regardless of their significance to
maintaining a military advantage for the United States. These items are
to be subject to the new 600 series controls in Category 0 of the CCL,
to be published separately by the Department of Commerce. Parts,
components, accessories, or attachments of a simulator that are common
to the simulated system or end-item are to be controlled under the same
USML Category or CCL ECCN as the parts, components, accessories, and
attachments of the simulated system or end-item.
Definition for Specially Designed
Although one of the goals of the export control reform initiative
is to describe USML controls without using design intent criteria, a
few of the controls in the proposed revision nonetheless use the term
``specially designed.'' It is, therefore, necessary for the Department
to define the term. Two
[[Page 35319]]
proposed definitions have been published to date.
The Department first provided a draft definition for ``specially
designed'' in the December 2010 ANPRM (75 FR 76935) and noted the term
would be used minimally in the USML, and then only to remain consistent
with the Wassenaar Arrangement or other multilateral regime obligation
or when no other reasonable option exists to describe the control
without using the term. The draft definition provided at that time is
as follows: ``For the purposes of this Subchapter, the term `specially
designed' means that the end-item, equipment, accessory, attachment,
system, component, or part (see ITAR Sec. 121.8) has properties that
(i) distinguish it for certain predetermined purposes, (ii) are
directly related to the functioning of a defense article, and (iii) are
used exclusively or predominantly in or with a defense article
identified on the USML.''
The Department of Commerce subsequently published on July 15, 2011,
for public comment, the Administration's proposed definition of
``specially designed'' that would be common to the CCL and the USML.
The public provided more than 40 comments on that proposed definition
on or before the September 13 deadline for comments. The Departments of
State, Commerce, and Defense are now reviewing those comments and
related issues, and the Departments of State and Commerce plan to
publish for public comment another proposed rule on a definition of
``specially designed'' that would be common to the USML and the CCL. In
the interim, and for the purpose of evaluation of this proposed rule,
reviewers should use the definition provided in the December ANPRM.
Request for Comments
As the U.S. Government works through the proposed revisions to the
USML, some solutions have been adopted that were determined to be the
best of available options. With the thought that multiple perspectives
would be beneficial to the USML revision process, the Department
welcomes the assistance of users of the lists and requests input on the
following:
(1) A key goal of this rulemaking is to ensure the USML and the CCL
together control all the items that meet Wassenaar Arrangement
commitments embodied in Munitions List Category 14 (WA-ML14). To that
end, the public is asked to identify any potential lack of coverage
brought about by the proposed rules for Category IX contained in this
notice and the new Category 0 ECCNs published separately by the
Department of Commerce when reviewed together.
(2) The key goal of this rulemaking is to establish a ``bright
line'' between the USML and the CCL for the control of these articles.
The public is asked to provide specific examples of articles whose
jurisdiction would be in doubt based on this revision.
Regulatory Analysis and Notices
Administrative Procedure Act
The Department of State is of the opinion that controlling the
import and export of defense articles and services is a foreign affairs
function of the United States Government and that rules implementing
this function are exempt from Sec. 553 (Rulemaking) and Sec. 554
(Adjudications) of the Administrative Procedure Act (APA). Although the
Department is of the opinion that this rule is exempt from the
rulemaking provisions of the APA, the Department is publishing this
rule with a 45-day provision for public comment and without prejudice
to its determination that controlling the import and export of defense
services is a foreign affairs function. As noted above, and also
without prejudice to the Department position that this rulemaking is
not subject to the APA, the Department previously published a related
Advance Notice of Proposed Rulemaking (RIN 1400-AC78), and accepted
comments for 60 days.
Regulatory Flexibility Act
Since the Department is of the opinion that this rule is exempt
from the rulemaking provisions of 5 U.S.C. 553, it does not require
analysis under the Regulatory Flexibility Act.
Unfunded Mandates Reform Act of 1995
This proposed amendment does not involve a mandate that will result
in the expenditure by State, local, and tribal governments, in the
aggregate, or by the private sector, of $100 million or more in any
year and it will not significantly or uniquely affect small
governments. Therefore, no actions were deemed necessary under the
provisions of the Unfunded Mandates Reform Act of 1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This proposed amendment has been found not to be a major rule
within the meaning of the Small Business Regulatory Enforcement
Fairness Act of 1996.
Executive Orders 12372 and 13132
This proposed amendment will not have substantial direct effects on
the States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with Executive
Order 13132, it is determined that this proposed amendment does not
have sufficient federalism implications to require consultations or
warrant the preparation of a federalism summary impact statement. The
regulations implementing Executive Order 12372 regarding
intergovernmental consultation on Federal programs and activities do
not apply to this proposed amendment.
Executive Orders 12866 and 13563
Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributed impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has been designated a ``significant regulatory
action,'' although not economically significant, under section 3(f) of
Executive Order 12866. Accordingly, the rule has been reviewed by the
Office of Management and Budget (OMB).
Executive Order 12988
The Department of State has reviewed the proposed amendment in
light of sections 3(a) and 3(b)(2) of Executive Order 12988 to
eliminate ambiguity, minimize litigation, establish clear legal
standards, and reduce burden.
Executive Order 13175
The Department of State has determined that this rulemaking will
not have tribal implications, will not impose substantial direct
compliance costs on Indian tribal governments, and will not preempt
tribal law. Accordingly, Executive Order 13175 does not apply to this
rulemaking.
Paperwork Reduction Act
Notwithstanding any other provision of law, no person is required
to respond to, nor is subject to a penalty for failure to comply with,
a collection of information, subject to the requirements of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), unless
that collection of information displays a currently valid OMB control
number. This proposed rule would affect the
[[Page 35320]]
following approved collections: (1) Statement of Registration, DS-2032,
OMB No. 1405-0002; (2) Application/License for Permanent Export of
Unclassified Defense Articles and Related Unclassified Technical Data,
DSP-5, OMB No. 1405-0003; (3) Application/License for Temporary Import
of Unclassified Defense Articles, DSP-61, OMB No. 1405-0013; (4)
Nontransfer and Use Certificate, DSP-83, OMB No. 1405-0021; (5)
Application/License for Permanent/Temporary Export or Temporary Import
of Classified Defense Articles and Classified Technical Data, DSP-85,
OMB No. 1405-0022; (6) Application/License for Temporary Export of
Unclassified Defense Articles, DSP-73, OMB No. 1405-0023; (7) Statement
of Political Contributions, Fees, or Commissions in Connection with the
Sale of Defense Articles or Services, OMB No. 1405-0025; (8) Authority
to Export Defense Articles and Services Sold Under the Foreign Military
Sales (FMS) Program, DSP-94, OMB No. 1405-0051; (9) Application for
Amendment to License for Export or Import of Classified or Unclassified
Defense Articles and Related Technical Data, DSP-6, -62, -74, -119, OMB
No. 1405-0092; (10) Request for Approval of Manufacturing License
Agreements, Technical Assistance Agreements, and Other Agreements, DSP-
5, OMB No. 1405-0093; (11) Maintenance of Records by Registrants, OMB
No. 1405-0111; (12) Annual Brokering Report, DS-4142, OMB No. 1405-
0141; (13) Brokering Prior Approval (License), DS-4143, OMB No. 1405-
0142; (14) Projected Sale of Major Weapons in Support of Section
25(a)(1) of the Arms Export Control Act, DS-4048, OMB No. 1405-0156;
(15) Export Declaration of Defense Technical Data or Services, DS-4071,
OMB No. 1405-0157; (16) Request for Commodity Jurisdiction
Determination, DS-4076, OMB No. 1405-0163; (17) Request to Change End-
User, End-Use, and/or Destination of Hardware, DS-6004, OMB No. 1405-
0173; (18) Request for Advisory Opinion, DS-6001, OMB No. 1405-0174;
(19) Voluntary Disclosure, OMB No. 1405-0179; and (20) Technology
Security/Clearance Plans, Screening Records, and Non-Disclosure
Agreements Pursuant to 22 CFR 126.18, OMB No. 1405-0195. The Department
of State believes there will be minimal changes to these collections.
The Department of State believes the combined effect of all rules to be
published moving commodities from the USML to the EAR as part of the
Administration's Export Control Reform would decrease the number of
license applications by approximately 30,000 annually. The Department
of State is looking for comments on the potential reduction in burden.
List of Subjects in Part 121
Arms and munitions, Exports.
Accordingly, for the reasons set forth above, Title 22, Chapter I,
Subchapter M, part 121 is proposed to be amended as follows:
PART 121--THE UNITED STATES MUNITIONS LIST
1. The authority citation for part 121 continues to read as
follows:
Authority: Secs. 2, 38, and 71, Pub. L. 90-629, 90 Stat. 744
(22 U.S.C. 2752, 2778, 2797); E.O. 11958, 42 FR 4311; 3 CFR, 1977
Comp. p. 79; 22 U.S.C. 2651a; Pub. L. 105-261, 112 Stat. 1920.
2. Section 121.1 is amended by revising U.S. Munitions List
Category IX to read as follows:
Sec. 121.1 General. The United States Munitions List.
* * * * *
Category IX--Military Training Equipment
(a) Training equipment, as follows:
(1) Ground, surface, submersible, space, or towed airborne targets
that:
(i) Have an infrared, radar, acoustic, magnetic, or thermal
signature that mimic a specific defense article, other item, or person;
or
(ii) Are instrumented to provide hit/miss performance information;
Note to paragraph (a)(1): Target drones are controlled in
Category VIII(a).
(2) Devices that are mockups of articles enumerated in this
subchapter used for maintenance training or disposal training for
ordnance enumerated in this subchapter;
(3) Air combat maneuvering instrumentation and ground stations
therefor;
(4) Physiological flight trainers for fighter aircraft or attack
helicopters;
(5) Radar trainers ``specially designed'' for training on radars
controlled by Category XI;
(6) Training devices ``specially designed'' to be attached to a
crew station, mission system, or weapon of an article controlled in
this subchapter;
Note to paragraph (a)(6): This paragraph includes stimulators
that are built-in or add-on devices that cause the actual equipment
to act as a trainer.
(7) Anti-submarine warfare trainers;
(8) Missile launch trainers;
(9) Any training device that:
(i) Is classified;
(ii) Contains classified software;
(iii) Is manufactured using classified production data; or
(iv) Is being developed using classified information.
``Classified'' means classified pursuant to Executive Order 13526,
or predecessor order, and a security classification guide developed
pursuant thereto or equivalent, or to the corresponding classification
rules of another government.
Note to paragraph (a): Training equipment does not include
combat games without item signatures or tactics, techniques, and
procedures covered by this subchapter.
(b) Simulators, as follows:
(1) System specific simulators that replicate the operation of an
individual crew station, a mission system, or a weapon of an end-item
that is controlled in this subchapter;
(2) [Reserved]
(3) [Reserved]
(4) Software and associated databases not elsewhere enumerated in
this subchapter that can be used to simulate the following:
(i) Trainers specified by this category;
(ii) Battle management;
(iii) Military test scenarios/models; or
(iv) Effects of weapons enumerated in this subchapter;
(5) Simulators that:
(i) Are classified;
(ii) Contain classified software;
(iii) Are manufactured using classified production data; or
(iv) Are being developed using classified information.
``Classified'' means classified pursuant to Executive Order 13526,
or predecessor order, and a security classification guide developed
pursuant thereto or equivalent, or to the corresponding classification
rules of another government.
(c) [Reserved]
(d) [Reserved]
(e) Technical data (as defined in Sec. 120.10 of this subchapter)
and defense services (as defined in Sec. 120.9 of this subchapter)
directly related to the defense articles enumerated in paragraphs (a)
through (b) of this category.
(f) [Reserved]
Note: Parts, components, accessories, or attachments of a
simulator that are common to the simulated system or end-item are
controlled under the same USML Category or CCL ECCN as the parts,
components, accessories, and attachments of the simulated system or
end-item.
* * * * *
[[Page 35321]]
Dated. June 7, 2012.
Rose E. Gottemoeller,
Acting Under Secretary, Arms Control and International Security,
Department of State.
[FR Doc. 2012-14443 Filed 6-12-12; 8:45 am]
BILLING CODE 4710-25-P
